Novosibirsk OFAS: Court Confirmed Legitimacy of Decision on MTS
OREANDA-NEWS. March 23, 2012. The Federal Arbitration Court of West-Siberian District confirmed the fact of unfair competition by “Mobile TeleSystems” OJSC (“MTS” OJSC), reported the press-centre of FAS Russia.
Earlier Novosibirsk OFAS Russia found that “MTS” OJSC violated Part 1 Article 14 of the Federal Law “On Protection of Competition”. In 2010 -2011 the company introduced and used “Bonus for the Incoming” promotional offers, which increased the outgoing traffic of “Kemerovo Mobile Communications” CJSC and the costs of connection under a contract. It was due to the conditions of the promotion offer for accumulating and cashing bonuses accrued for incoming calls to the numbers of the clients of “MTS” OJSC from the numbers of the clients of cell phone operators within the region, except the number of the clients of “MTS” OJSC.
The mobile phone operator filed a lawsuit challenging the decision of the antimonopoly body.
The Federal Arbitration Court of West-Siberian District dismissed the cassation appeal of “MTS” OJSC, which asked to reverse the judgment of the Novosibirsk regional Arbitration Court and the ruling of the 7th Arbitration Appeal Court.
“The case is important for the enforcement practice of the antimonopoly body and its outcome can form the basis for building-up evidence on such violations in the field of unfair competition”, pointed out Deputy Head of Novosibirsk OFAS Russia, Tatiana Lopatkina.
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